Terms and Conditions

Subscriber means the customer who is named in the Customer Service Agreement Form and has duly signed it.

Company means HT Media Limited.

Services mean access to the resume database and posting of jobs and/or any other product or service offered by the Company to the Subscriber.

Username mean username provided by the Company to the Subscriber.

Password mean the password designated to the specified username.

Third Party mean, any person other the Subscriber who is not party to this arrangement/agreement.

Website/Network means the Company's portal website www.shine.com for providing Services under this agreement.

Material Breach mean violation of any terms & condition of the agreement by the Subscriber.

Tariff Plan refers to the details as mentioned in the rate card for products, services and packages introduced by the Company from time to time for providing the Services as a whole or in part for fixed and/or variable charges.

Provision of Services:

After the agreement is entered into by the Subscriber, at the request of the Subscriber, any designated person from Subscriber shall undergo a training to use the Services provided by the Company in relation to the Services opted by the Subscriber.

The subscriber is required to give KYC documents. In case the same is not provided, the account will be deactivated and no refund shall be made to the subscriber.

Incase of the account being deactivated due to any technical only and not commercial reason whatsoever at the Company's end; it will credit the Extra hours of usage to the Subscriber's account. However, this option will not be applicable to deactivation of account for non payment or any reason beyond the scope of Company's technical team.

The Company would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the Subscriber due to the reasons beyond its control like corruption of data as a result of any causes or conditions that are beyond the Company's reasonable control including but not limited to acts of Government, acts of God, Govt. policies, tampering of data by third party like hackers, terrorism or by viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or Computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. In no event will the Company be liable for any such direct/indirect /consequential loss or damages, including loss of profit or loss of reputation/defamation, even if advised of the possibility thereof.

The Company reserves its right to reject any insertion or information/data provided by the Subscriber without assigning any reason whatsoever; either before uploading or after uploading the vacancy details, but in such an eventuality, any amount so paid only for that particular vacancy, shall be refunded to the Subscriber on a pro-rata basis at the sole discretion of the Company except when such rejection is in due to inappropriateness of content , violation of any terms and conditions of this Agreement of usage by the Subscriber.

The Company has the right to make all necessary modifications/editing of the vacancy details in order to facilitate uploading.

Subscribers Obligation

All the creative for the package will be designed by Company; however, all the content (logo, pictures, text, etc.) shall be provided by the Subscriber.

The Subscriber shall by action of signing this agreement issue an implicit & binding warranty to not use/circulate/forward any candidate(s) resume hosted on the Company's website to the candidate (s) current employer as mentioned by the person in his/her resume.

The information on the Company's website is for use by its Subscribers alone and does not authorize the Subscriber sell/distribute/circulate/forward the data and other information available in the website to any other person, Company and organization for commercial exploitation at the cost of Company.

The Subscriber shall keep in confidence any information received by the Subscriber under this agreement, irrespective of the business or the matters concerning the other and shall not disclose the same to any third party, save and except to any State or Central Government or to any of their agencies and/or any other concerned legal and other competent authorities on specific demand or under a general obligation.

The Subscriber represents, warrants & assures that the data provided by the Subscriber in terms of this Agreement for uploading/posting shall not contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in the event of detection of which the Company will reserve the right to cancel the agreement ab initio and forefeit the consideration exchanged so for the purpose of this agreement. This will be apart from the right of the Company to take appropriate legal action, if required.

The data provided by the Subscriber shall be deemed to have been voluntarily supplied, non-confidential and the Subscriber hereby discharges the Company of all obligations of confidentiality.

The Subscriber further represents and warrants & assures that, the data provided by the Subscriber for the purpose of uploading in the Website, shall not be violative of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be violative of any provision of Law in force.

The Subscriber represents, warrants and assures that data provided by the Subscriber for the purpose of uploading on the Website, shall not be fake or incorrect or inappropriate and that he shall ensure responsible use of the Services. Without prejudice to what is stated under point 2.4 and notwithstanding anything contained under point 2.5, Subscriber further represents and warrants that he shall be solely responsible for the correctness of the data provided by him and in case of any third party action in this regard, the Subscriber shall indemnify and hold the Company harmless. Subscriber also understands that in case more than ten postings in a day provided by the Subscriber are not approved for going live on site by the Company then the same will be deemed as a case of misuse of Services by the Subscriber and the Company shall have the right to refuse /revoke its Services in such a case and/or terminate the Services and/or take appropriate legal action against the Subscriber.

In case by misrepresentation or false postings the Subscriber takes away the data which is the intellectual property of the Company, then in addition to the rights available to the Company herein, the Company shall have the right to initiate appropriate legal action against the Subscriber.

3By action of signing this agreement, the Subscriber agrees to use of information, materials, logos and or data as supplied by it, in any form or medium, including without limitation the internet and print by the Company for the purpose of this agreement including but not limited to use of such information, material, logos and or data on Company's home page, and its publications.

Termination: The Company may terminate the Services in case the Subscriber;

Commits any breach of these terms and condition, representation & warranties and Subscribers obligations as contemplated in this agreement.

Fails to make payments as per the terms & condition herein.

Uses the Services provided by the Company for any illegal, unlawful or immoral purposes or in any fraudulent manner or for purposes not authorized by the Company.

The Subscriber shall keep in confidence any information received by the Subscriber under this agreement, irrespective of the business or the matters concerning the other and shall not disclose the same to any third party, save and except to any State or Central Government or to any of their agencies and/or any other concerned legal and other competent authorities on specific demand or under a general obligation.

Advice received from regulatory or any other competent authorities.

Commits violation of any IPR, rights of privacy, rights of publicity and/or any other rights of third party and shall not be violative of any provision of Law in force.

General Terms & Condition:

These job postings may not be substituted with other job postings during this term without incurring additional charges. Any jobs posted by Subscriber on the website and in excess of the number of jobs provided for in this Agreement will be billed to the Subscriber and shall be payable by the Subscriber in accordance with the terms hereof, at the Company's then prevailing rate for such job postings on the Website.

The Company may, in its sole discretion, impose a interest equal to 18% per month on all overdue accounts.

Any re activation of a deleted or expired job posting and any refreshing of any job posting constitutes use of an additional job posting hereunder.

Website's resume database (each a "Resume Database") is a private database for use by Subscriber's only. A Subscriber is defined as one unique user with one unique password provided by the Company. If the Subscriber (including its employees or consultants) is found to share passwords with any third party, the Company may revoke all passwords forthwith and no refund will be given.

The Subscriber agrees to notify the Company promptly after the departure of any person to whom a password was provided and the Company shall on such intimation issue a new password to the Subscriber. The Company reserves the right to periodically change issued passwords with prior notice only to identified hierarchy head for security reason. However changed password shall be informed to the Subscriber immediately.

The charges paid by the Subscriber to the Company under this Agreement are non-refundable. The website (including without limitation all data therein), and all elements, which are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of the Company. Neither the Subscriber nor any of its employees shall do anything, which would in any way damage, injure or impair the validity of the Company's rights in the contents of the website. Notwithstanding the above, any data placed on the website by the Subscriber herein, and all elements which are a part of the such data, and all intellectual and other proprietary rights therein, are and shall at all times remain the Subscriber's property.

To the extent permitted by law the Company makes no warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to its services or the website, or results of use thereon and all warranties and conditions, express or implied are hereby excluded.

Subscriber agree to indemnify the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from its breach of this Agreement or breach of representation and warranties as contemplated herein or from its provision of any material to the website, including but not limited to claims of breach of any third party rights including intellectual property rights or breach of any provision of any law for time being in force.

Notwithstanding anything to the contrary contained herein, except as may arise under the immediately preceding paragraph, neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind including lost revenues or profits, loss of business or loss of data arising out of this agreement (including without limitation as a result of any breach of any warranty, or other term of this agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof. Moreover, the Company's maximum liability arising out of or relating to the transaction, which is the subject matter of this agreement, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed the amount paid by the Subscriber to HT Media Limited hereunder minus any necessary service charges or taxation already incurred by the Company.

Notwithstanding anything to the contrary contained herein, the Subscriber's use of the website is subject to the Terms of Use/Private Policy/Disclaimer available from such website's homepage. By Subscriber's execution hereof it hereby agrees to abide by such Terms of Use/Private Policy/Disclaimer, as they may be amended from time to time.

This Agreement (i) constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto; (ii) may be signed in counterparts, (iii) may not be amended, terminated or waived orally, (iv) may not be assigned, in whole or in part, directly or indirectly, or otherwise, by the Subscriber and only comes into existence when signed by its authorized signatory and (v) Company shall not be responsible for unauthorized access to data by third parties, or data lost whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes beyond its control. The Company will be entitled to assign all or any of its rights and obligations hereunder to any third party.

Any terms of this Agreement that may be invalid shall not affect the validity of enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of HT Media Limited.

The Company shall address all billing statements/notices/correspondence under this Agreement to the address given in the page no. 1 of this Customer Service Agreement Form. The Subscriber shall inform the Company in writing of any changes in the address immediately and obtain an acknowledgement to such effect.

The Company reserves the right to recover/charge any amounts to the Subscriber on account of any taxes levied by the Central/State Govt. on the services as contemplated in this agreement from time to time and which are not included in the total payment consideration received by the Company.

The subscriber is mandatorily required to have a GSTIN number in compliance with the law.

The Company shall not refund or give a credit note or charge additional charges to the Subscriber in the event of change in the tariff plans which the Company may introduce from time to time.

Terms of agreement:

The agreement shall be effective for the period as specified in the Customer Service Agreement Form. This agreement will be extended automatically for a further period of similar duration, unless otherwise specified or terminated by the Company or by the Subscriber through a written communication to the Company seeking withdrawal of services on or before atleast 1 week from the date of expiry of the agreement. The Company will accordingly raise an invoice basis the prices of services prevailing at the time of extension/renewal of this agreement and all other terms and conditions of the agreement shall remain unchanged.

Governing Law:

The Terms & Conditions between the Subscriber & the Company shall be governed by the laws of India and any dispute or differences, if any between the Subscriber & the Company, shall be subject to the exclusive jurisdictions of the Courts in Delhi alone.

SmartSearch -Terms and Conditions

CDA

HTML agrees to provide the service to the subscriber only for the duration contracted for to the best of its ability.

HTML reserves the right to suspend/terminate the services contracted for by the subscriber either prior to or during the contracted period without assigning any reason.

The subscriber shall be entitled to 3 user names /passwords to access the CDA service alone and additional user names /passwords may be provided by HTML on such terms and conditions as may be mutually agreed upon.

HTML offers no guarantee nor warranties that there would be a satisfactory response or any response at all subscriber for applications received using the CDA software.

HTML shall in no way be held liable for any information received by the subscriber and it shall be the sole responsibility of the subscriber to check, authenticate and verify the information/response received at its own cost and expense.

HTML would not be held liable for any loss of data technical or otherwise, information, particulars supplied by the customers due to the reasons beyond its control like corruption of data or delay or failure to perform as a result of any causes or conditions that are beyond HTML's reasonable control including but not limited to strike, riots, civil unrest, Govt. policies, tampering of data by unauthorized persons like hackers, war and natural calamities.

HTML will commence providing services only upon receipt of charges upfront either from the subscriber or from a third party on behalf of the subscriber.

The subscriber/Recruiter shall give an undertaking to HTML that the jobs sought to be filled through Shine.com are in existence, genuine and the subscriber has the authority to recruit /advertise for such vacancies. Also the subscriber undertakes that the database will be used to contact candidates for jobs only.

The subscriber/Recruiter must give an undertaking to HTML that there will be no fee charged from any person who is contacted through CDA for processing of such person.

This subscription is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual concern.

The subscriber shall be assigned a password (s) by HTML to enable the subscriber to access all the information received through the software, but the sole responsibility of the safe custody of the password shall be that of the subscriber and HTML shall not be responsible for data loss/theft of data/corruption of data or the wrong usage/misuse of the password and any damage or leak of information and its consequential usage by a third party. HTML undertakes to take all reasonable precautions at its end to ensure that there is no leakage/misuse of the password granted to the subscriber.

The information on Shine CDA is for use by its subscribers alone and does not authorize the subscriber to download and use the data for commercial purposes. In case anyone is found to be in violation of this then HTML at its discretion may suspend its service/subscription and also may take such action as it may be advised.

The subscriber shall not use /circulate /forward a person's resume hosted on the Shine Network /Resumes to his /her current employer as mentioned by the person in his /her resume.

The User of these services does not claim any copyright or other Intellectual Property Right over the data uploaded by him or on his behalf on the website or supplied to HTML.

All Disputes arising out of the transactions between a user and HTML will be subject to the jurisdiction of Courts situate in Delhi alone. CDA: Shine resume database from where all resumes can be accessed

Anti-Spam POLICY

The use and access to CDA database is subject to this policy. The services provided to you are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates for genuine jobs in existence. Mailing practices such as transmitting marketing and promotional mailers/Offensive messages/messages with misleading subject lines in order to intentionally obfuscate the original message, are strictly prohibited. We reserve the right to terminate services, without prior notice, to the originator of Spam. No refund shall be admissible under such circumstances.

Following is an illustrative (not exhaustive) list of the kinds of messages which can be classified as spam:

Unsolicited Bulk Messages/Unsolicited Commercial Messages.

Non Job related mails.

Messages with misleading subject lines.

Blank Messages.

Extra ordinary High Number of mails.

Mails soliciting payments.

Misleading/Fraudulent mails.

Users agree to indemnify and hold harmless HTML from any damages or claims arising out of usage of their CDA accounts for transmitting spam.

Users are advised to change their passwords frequently in order to reduce the possibility of misuse of their accounts.

To seek more information and to report Spam. Please mail us at: abuse@shine.com

"Post Free Jobs" - Terms & Conditions:

These terms and conditions are applicable to those who decide to avail the offer "Post jobs for free on Shine.com" a special job posting campaign/offer for the recruiters, offered by Shine.com, a job portal of HT Media Limited (hereinafter referred to as "HTML"). By signing the following Terms, you will be deemed have accepted the terms and conditions as provided herein. You agree to be bound by these Terms and Conditions or any subsequent future amendments thereof. HTML reserves the right, in its sole discretion, to amend or revise these terms and conditions at any point of time, without prior notice and you agree to be bound by such amendments or revisions. The information provided by you while availing our services, you consent to the use, transfer and storage of the information so provided by you, on our servers. The information provided by you shall be used by us, including but not limited, to:

Improve our website and enable us to provide you the most user-friendly experience which is safe, smooth and customized;

Improve and customize our services, content and other commercial /non - commercial features on the website;

Send you information on our products, services, special deals, promotions;

Send you service-related announcements on rare occasions when it is necessary to do so; provide you the opportunity to participate in contests or surveys on our website (If you participate, we may request certain additional personally identifiable information from you. Moreover, participation in these surveys or contests shall be completely voluntary and you therefore shall have a choice whether or not to disclose such additional information);

Protect the rights, property or safety of HTML and/or its Directors, employees and the general public at large; and

Respond to Claims of third parties;

To carry out our own analysis and research.

Account Protection

Your password is the key to your account. You shall be solely responsible for all the activities happening under your username and you shall be solely responsible for keeping your password secure. Do not disclose your password to anyone. If you share your password or your personal information with others, you shall be solely responsible for all actions taken under your username and you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. Business Transaction

In the event HTML goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. Where your information is transferred you will be notified via email/prominent notice on our website for 30 days of any such change in ownership or control of your personal information. Security

The security of your personal information is important to us. When you enter your personal information we treat the data as an asset that must be protected and use tools (encryption, passwords, physical security, etc.) to protect the information provided by you against unauthorized access and disclosure. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, therefore, while we strive to use commercially acceptable means to protect all the information provided by you, we cannot guarantee its absolute security nor can we guarantee that third parties shall not unlawfully intercept or access transmissions or private communications, and that other users may abuse or misuse the information that you provide. Therefore, although we work hard to protect your information, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

General Terms

HTML reserves the right to disqualify any recruiter if it has reasonable grounds to believe the recruiter has breached any of these Terms and Conditions.

The Contest shall be governed by and construed in accordance with the laws of India.

The recruiter further agrees that HTML cannot be made responsible for any damage, loss, injury or disappointment suffered by it as a result of its deciding to avail the services as offered by HTML herein.

The recruiter undertakes to indemnify HTML for any claim, damages arising from HTML's posting of jobs on account of the recruiter following consent of the recruiter.

These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any disputes, differences and, or, any other matters in relation to and arising out of the campaign "Post jobs for free on Shine.com" and, or the Terms and Conditions thereof the same shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator to be appointed by HTML. The venue of arbitration shall be New Delhi and the proceedings of such arbitration shall be in English Language only.

All disputes shall be subject to the exclusive jurisdiction of Delhi Courts only.

These Terms & Conditions are the complete and exclusive statements of the understanding between HTML & the recruiter. It supersedes all the understanding or other prior understanding, whether oral & written, and all representation or other communications between HTML & the recruiter.